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| [[Yasin Muhammed Basardh]] || [[ISN 00252]] || [https://web.archive.org/web/20171228112012/http://int-shared1.ec2.nytimes.com/guantanamo/detainees/252-yasim-muhammed-basardah] || [[Yemen]] || Arrested near Pakistan-Afghanistan border in early 2002. || The government alleged that Basardh trained at an al-Qaida military camp and fought for the Taliban, hiding with Osama bin Laden in the mountains of Tora Bora in late 2001. || Judge found Basardh eligible for release April 15, 2009. He remains at Guantanamo, while the government appeals the decision. In November, the U.S. Supreme Court without explanation declined to consider his claim that his continuing detention is unconstitutional. || The judge said the admitted Taliban fighter could no longer be properly detained, because news reports showed that Basardh gave U.S. authorities information about numerous other suspected terrorists. "[A]ny ties with the enemy have been severed, and any realistic risk that he could rejoin the enemy has been foreclosed," the judge wrote. | | [[Yasin Muhammed Basardh]] || [[ISN 00252]] || [https://web.archive.org/web/20171228112012/http://int-shared1.ec2.nytimes.com/guantanamo/detainees/252-yasim-muhammed-basardah] || [[Yemen]] || Arrested near Pakistan-Afghanistan border in early 2002. || The government alleged that Basardh trained at an al-Qaida military camp and fought for the Taliban, hiding with Osama bin Laden in the mountains of Tora Bora in late 2001. || Judge found Basardh eligible for release April 15, 2009. He remains at Guantanamo, while the government appeals the decision. In November, the U.S. Supreme Court without explanation declined to consider his claim that his continuing detention is unconstitutional. || The judge said the admitted Taliban fighter could no longer be properly detained, because news reports showed that Basardh gave U.S. authorities information about numerous other suspected terrorists. "[A]ny ties with the enemy have been severed, and any realistic risk that he could rejoin the enemy has been foreclosed," the judge wrote. | ||
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| [[Huzaifa Parhat]] || [[ISN 00320]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/320-hozaifa-parhat] || | | [[Huzaifa Parhat]] || [[ISN 00320]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/320-hozaifa-parhat] || China (member of Uighur minority) || Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. || The government alleged that Parhat was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaida and the Taliban and engaged in hostilities against the U.S. and allies. || Determined by government to be eligible for release August 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Parhat released into the United States. The government appealed, and the judge's release order was blocked by the D.C. federal appeals court. Parhat nevertheless was transferred to Bermuda on June 11, 2009. || The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations -- that ETIM was linked to al-Qaida and the Taliban, and that ETIM was hostile to the U.S. -- and that Parhat could not be held as an enemy combatant on "bare assertions." | ||
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| [[Abdul Nasser]] || [[ISN 00278]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/278-abdul-helil-mamut] || | | [[Abdul Nasser]] || [[ISN 00278]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/278-abdul-helil-mamut] || China (member of Uighur minority) || Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. || Similar to Parhat's case. || Determined by government to be eligible for transfer November 2005. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Nassar released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Nasser nevertheless was transferred to Bermuda on June 11, 2009. || Similar to Parhat's case. | ||
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| [[Abdul Sabour]] || [[ISN 00275]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/275-yusef-abbas] || | | [[Abdul Sabour]] || [[ISN 00275]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/275-yusef-abbas] || China (member of Uighur minority) || Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. || Similar to Parhat's case. || Determined by government to be eligible for release Nov. 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Sabour released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Sabour joined several of his countrymen to ask the U.S. Supreme Court to reverse the appeals court, but instead the high court sent the case back down for a second look. The appeals court again ruled that judges cannot require release, but the detainees are challenging this decision. Sabour remains at Guantanamo. || Similar to Parhat's case. | ||
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| [[Abdul Semet]] || [[ISN 00295]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/295-emam-abdulahat] || | | [[Abdul Semet]] || [[ISN 00295]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/295-emam-abdulahat] || China (member of Uighur minority) || Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. || Similar to Parhat's case. || Determined by government to be eligible for release June 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Semet released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Semet nevertheless was transferred to Bermuda on June 11, 2009. || Similar to Parhat's case. | ||
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| [[Hammad Memet]] || [[ISN 00328]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/328-ahmed-mohamed] || | | [[Hammad Memet]] || [[ISN 00328]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/328-ahmed-mohamed] || China (member of Uighur minority) || Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. || Similar to Parhat's case. || Determined by government to be eligible for release Nov. 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Memet released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Memet joined several of his countrymen to ask the U.S. Supreme Court to reverse the appeals court, but instead the high court sent the case back down for a second look. The appeals court again ruled that judges cannot require release, but the detainees are challenging this decision. Memet remains at Guantanamo. || Similar to Parhat's case. | ||
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| [[Jalal Jalaldin]] || [[ISN 00285]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/285-abdullah-abdulqadirakhun] || | | [[Jalal Jalaldin]] || [[ISN 00285]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/285-abdullah-abdulqadirakhun] || China (member of Uighur minority) || Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. || Similar to Parhat's case. || Determined by government to be eligible for release August 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Jalaldin released into the United States. The government appealed, and the judge's release order was blocked by the D.C. federal appeals court. Jalaldin nevertheless was transferred to Bermuda on June 11, 2009. || Similar to Parhat's case. | ||
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| [[Khalid Ali]] || [[ISN 00280]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/280-saidullah-khalik] || | | [[Khalid Ali]] || [[ISN 00280]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/280-saidullah-khalik] || China (member of Uighur minority) || Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. || Similar to Parhat's case. || Determined by government to be eligible for release Nov. 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Ali released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Ali joined several of his countrymen to ask the U.S. Supreme Court to reverse the appeals court, but instead the high court sent the case back down for a second look. The appeals court again ruled that judges cannot require release, but the detainees are challenging this decision. Ali remains at Guantanamo. || Similar to Parhat's case. | ||
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| [[Sabir Osman]] || [[ISN 00282]] || [] || | | [[Sabir Osman]] || [[ISN 00282]] || [https://web.archive.org/web/20171228112012/http://int-shared1.ec2.nytimes.com/guantanamo/detainees/282-hajiakbar-abdulghupur] || China (member of Uighur minority) || Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. || Similar to Parhat's case. || Determined by government to be eligible for release Nov. 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Osman released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Osman joined several of his countrymen to ask the U.S. Supreme Court to reverse the appeals court, but instead the high court sent the case back down for a second look. The appeals court again ruled that judges cannot require release, but the detainees are challenging this decision. Osman remains at Guantanamo. || Similar to Parhat's case. | ||
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| [[Edham Mamet]] || [[ISN 00102]] || [] || | | [[Edham Mamet]] || [[ISN 00102]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/102-nag-mohammed] || China (member of Uighur minority) || Captured in Afghanistan in November 2001 || Similar to Parhat's case. || Determined by government to be eligible for release August 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Mamet released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Mamet asked the U.S. Supreme Court to reverse the appeals court's decision, but in the meantime was transferred to Palau on Oct. 31, 2009. || Similar to Parhat's case. | ||
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| [[Bahtiyar Mahnut]] || [[ISN 00277]] || [] || | | [[Bahtiyar Mahnut]] || [[ISN 00277]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/277-bahtiyar-mahnut] || China (member of Uighur minority) || Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. || Similar to Parhat's case. || Determined by government to be eligible for release Nov. 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Mahnut released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Mahnut asked the U.S. Supreme Court to reverse the appeals court's decision, but instead the high court sent the case back to the appeals court for a second look. Mahnut was transferred to Switzerland in March 2010. || Similar to Parhat's case. | ||
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| [[Arkin Mahmud]] || [[ISN 00103]] || [] || | | [[Arkin Mahmud]] || [[ISN 00103]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/103-arkin-mahmud] || China (member of Uighur minority) || Captured in Afghanistan in November 2001 || Similar to Parhat's case. || Determined by government to be eligible for release Nov. 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Mahmud released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Mahmud joined several of his countrymen to ask the U.S. Supreme Court to reverse the appeals court, but instead the high court sent the case back for a second look. Mahmud was transferred to Switzerland in March 2010. || Similar to Parhat's case. | ||
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| [[Abdur Razakah]] || [[ISN 00219]] || [] || | | [[Abdur Razakah]] || [[ISN 00219]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/219-abdul-razak] || China (member of Uighur minority) || Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. || Similar to Parhat's case. || Determined by government to be eligible for release Nov. 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Razakah released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Razakah joined several of his countrymen to ask the U.S. Supreme Court to reverse the appeals court, but instead the high court sent the case back down for a second look. The appeals court again ruled that judges cannot require release, but the detainees are challenging this decision. Razakah remains at Guantanamo. || Similar to Parhat's case. | ||
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| [[Ahmad Tourson]] || [[ISN 00201]] || [] || | | [[Ahmad Tourson]] || [[ISN 00201]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/201-ahmad-tourson] || China (member of Uighur minority) || Captured in Afghanistan in November 2001 || Similar to Parhat's case. || Determined by government to be eligible for release Nov. 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Tourson released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Tourson asked the U.S. Supreme Court to reverse the appeals court's decision, but in the meantime was transferred to Palau on Oct. 31, 2009. || Similar to Parhat's case. | ||
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| [[Abdul Ghappar Abdul Rahman]] || [[ISN 00281]] || [] || | | [[Abdul Ghappar Abdul Rahman]] || [[ISN 00281]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/281-abdul-ghappar-abdul-rahman] || China (member of Uighur minority) || Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. || Similar to Parhat's case. || Determined by government to be eligible for release August 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Rahman released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Rahman asked the U.S. Supreme Court to reverse the appeals court's decision, but in the meantime was transferred to Palau on Oct. 31, 2009. || Similar to Parhat's case. | ||
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| [[Adel Noori]] || [[ISN 00584]] || [] || | | [[Adel Noori]] || [[ISN 00584]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/584-adel-noori] || China (member of Uighur minority) || Captured May 2002. || Similar to Parhat's case. || Determined by government to be eligible for release August 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Noori released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Noori asked the U.S. Supreme Court to reverse the appeals court's decision, but in the meantime was transferred to Palau on Oct. 31, 2009. || Similar to Parhat's case. | ||
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| [[Anwar Hassan]] || [[ISN 00250]] || [] || | | [[Anwar Hassan]] || [[ISN 00250]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/250-hassan-anvar] || China (member of Uighur minority) || Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. || Similar to Parhat's case. || Determined by government to be eligible for release August 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Hassan released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Hassan asked the U.S. Supreme Court to reverse the appeals court's decision, but in the meantime was transferred to Palau on Oct. 31, 2009. || Similar to Parhat's case. | ||
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| [[Dawut Abdurehim]] || [[ISN 00289]] || [] || | | [[Dawut Abdurehim]] || [[ISN 00289]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/289-dawut-abdurehim] || China (member of Uighur minority) || Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. || Similar to Parhat's case. || Determined by government to be eligible for release August 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Abdurehim released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Abdurehim asked the U.S. Supreme Court to reverse the appeals court's decision, but in the meantime was transferred to Palau on Oct. 31, 2009. || Similar to Parhat's case. | ||
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| [[Abdulrahim Abdul Razak Al Janko]] (a.k.a. Ginco) || [[ISN 00489]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/489-abd-al-rahim-abdul-rassak-janko] || [[Syria]] || Captured by U.S. forces in January 2002 in Kandahar, Afghanistan. The government alleged that, in early 2000, Janko spent five days at a Taliban guesthouse and trained for 18 days at an al-Qaida military camp. Judge found Janko eligible for release June 22, 2009. According to the Department of Justice, he has since been transferred to a foreign nation; the department will not identify that nation, or provide the date of transfer. Janko was eligible for release, the judge said, because by the time of his arrest in 2002 he should not have been considered to be part of the Taliban or al-Qaida. The evidence showed that he'd been tortured by al-Qaida and imprisoned for 18 months by the Taliban in an infamously "horrific" prison. | |||
| [[Abdulrahim Abdul Razak Al Janko]] (a.k.a. Ginco) || [[ISN 00489]] || [] || [[Syria]] || Captured by U.S. forces in January 2002 in Kandahar, Afghanistan. The government alleged that, in early 2000, Janko spent five days at a Taliban guesthouse and trained for 18 days at an al-Qaida military camp. Judge found Janko eligible for release June 22, 2009. According to the Department of Justice, he has since been transferred to a foreign nation; the department will not identify that nation, or provide the date of transfer. Janko was eligible for release, the judge said, because by the time of his arrest in 2002 he should not have been considered to be part of the Taliban or al-Qaida. The evidence showed that he'd been tortured by al-Qaida and imprisoned for 18 months by the Taliban in an infamously "horrific" prison. | |||
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| [[Mohammed Jawad | | [[Mohammed Jawad]] || [[ISN 00900]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/900-mohamed-jawad] || Afghanistan || Arrested by local officials in Afghanistan in December 2002. || The government alleged that on Dec. 17, 2002, Jawad tossed a grenade in Afghanistan that seriously injured two U.S. soldiers and their local interpreter. On July 30, 2009, judge ordered that "beginning on August 21" the government "shall promptly release petitioner Jawad.” He was transferred to Afghanistan on August 24. || Technically the judge ordered Jawad released because the government said it would no longer detain him as a wartime enemy. But the government's decision followed a scathing reprimand from the judge for continuing to detain Jawad and prosecute him in a military commission based mostly on a confession obtained by Afghan officials under death threats. || (See his entry in our chart on mistreatment.) | ||
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| [[Khalid Abdullah Mishal Al Mutairi]] || [[ISN 00213]] || [] || [[Kuwait]] || Captured near Pakistan-Afghanistan border in November 2001. The government alleged that Al Mutairi was a part of al-Qaida or of a force associated with al-Qaida, because, among other claims, he'd attended a training camp believed to be affiliated with al-Qaida. On July 29, 2009, judge ordered the government to "take all necessary and appropriate steps to facilitate Al Mutairi's release forthwith." He was transferred to Kuwait on Oct. 13. The judge concluded that "there is nothing in the record beyond speculation" to prove the government's allegations. Intelligence reports were too imprecise and needed corroborating proof, she said. For instance, "one reference, in a portion of one sentence, in one interrogation report," was not enough to prove Al Mutairi had attended a terrorist training camp, because the report didn't clearly identify him. She rejected one self-incriminating statement from an interrogation of Al Mutairi because "he appears to have been goaded into making these statements." | | [[Khalid Abdullah Mishal Al Mutairi]] || [[ISN 00213]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/213-khalid-abdullah-mishal-thamer-al-mutayri/documents/2/pages/1492] || [[Kuwait]] || Captured near Pakistan-Afghanistan border in November 2001. || The government alleged that Al Mutairi was a part of al-Qaida or of a force associated with al-Qaida, because, among other claims, he'd attended a training camp believed to be affiliated with al-Qaida. || On July 29, 2009, judge ordered the government to "take all necessary and appropriate steps to facilitate Al Mutairi's release forthwith." He was transferred to Kuwait on Oct. 13. || The judge concluded that "there is nothing in the record beyond speculation" to prove the government's allegations. Intelligence reports were too imprecise and needed corroborating proof, she said. For instance, "one reference, in a portion of one sentence, in one interrogation report," was not enough to prove Al Mutairi had attended a terrorist training camp, because the report didn't clearly identify him. She rejected one self-incriminating statement from an interrogation of Al Mutairi because "he appears to have been goaded into making these statements." | ||
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| [[Mohammed Al Adahi]] || [[ISN 00033]] || [] || [[Yemen]] || Captured by Pakistani authorities near the Afghanistan border in December 2001. The government alleged that Al-Adahi served as an al-Qaida military trainer and fighter and as a bin Laden bodyguard. It claimed that his admitted "close familial ties to prominent members of the jihad community in Afghanistan," in the judge's words -- including to Osama bin Laden himself -- made his alleged enemy acts more likely to be true. Judge on Aug. 17, 2009, declared Al-Adahi to be unlawfully detained and ordered the government to "take all necessary and appropriate diplomatic steps to facilitate Petitioner's release forthwith." But on July 13, 2010, the D.C. federal appeals court overturned the lower court's ruling. Al-Adahi remains at Guantanamo. While Al-Adahi admitted to receiving training for over a week at an al-Qaida military camp, proof that he was expelled for "failing to comply with the rules" showed he was not a member of the enemy's armed forces, the judge concluded. Evidence that he'd trained others amounted to questionable informant testimony. The judge wrote, "It must be emphasized that the Government had no evidence from anyone who claimed to have seen or claimed to have even heard that Al-Adahi was involved in combat activities." Al-Adahi's admission that he'd met bin Laden and that his in-laws might have supported the enemy leader, "sensational and compelling as it may appear," doesn't prove he was an enemy fighter. | | [[Mohammed Al Adahi]] || [[ISN 00033]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/33-mohammed-ahmad-said-al-edah] || [[Yemen]] || Captured by Pakistani authorities near the Afghanistan border in December 2001. || The government alleged that Al-Adahi served as an al-Qaida military trainer and fighter and as a bin Laden bodyguard. It claimed that his admitted "close familial ties to prominent members of the jihad community in Afghanistan," in the judge's words -- including to Osama bin Laden himself -- made his alleged enemy acts more likely to be true. || Judge on Aug. 17, 2009, declared Al-Adahi to be unlawfully detained and ordered the government to "take all necessary and appropriate diplomatic steps to facilitate Petitioner's release forthwith." But on July 13, 2010, the D.C. federal appeals court overturned the lower court's ruling. Al-Adahi remains at Guantanamo. || While Al-Adahi admitted to receiving training for over a week at an al-Qaida military camp, proof that he was expelled for "failing to comply with the rules" showed he was not a member of the enemy's armed forces, the judge concluded. Evidence that he'd trained others amounted to questionable informant testimony. The judge wrote, "It must be emphasized that the Government had no evidence from anyone who claimed to have seen or claimed to have even heard that Al-Adahi was involved in combat activities." Al-Adahi's admission that he'd met bin Laden and that his in-laws might have supported the enemy leader, "sensational and compelling as it may appear," doesn't prove he was an enemy fighter. | ||
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| [[Fouad Mahmoud Al Rabiah | | [[Fouad Mahmoud Al Rabiah]] || [[ISN 00551]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/551-fouad-mahoud-hasan-al-rabia] || [[Kuwait]] || Captured by villagers outside of Jalalabad, Afghanistan, on approximately Dec. 25, 2001. || The government alleged that in October 2001 Al Rabiah traveled to Afghanistan as a member of al-Qaida, having previously met with bin Laden, and fought at Tora Bora. || Judge ordered release Sept. 17, 2009. Rabiah was transferred to Kuwait on Dec. 9, 2009. || The judge found that the evidence against Rabiah consisted "almost exclusively on Rabiah's 'confessions,'" which even Rabiah's interrogators concluded were "not believable." || (See his entry in our chart on mistreatment.) | ||
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| [[Adham Mohammed Ali Awad | | [[Adham Mohammed Ali Awad]] || [[ISN 00088]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/88-waqas-mohammed-ali-awad] || [[Yemen]] || Captured in Afghanistan in November 2001. || The government alleged that Awad traveled to Afghanistan to fight, received advanced military training from al-Qaida and participated in fighting against the U.S. || Judge denied release Aug. 12, 2009. The detainee appealed and lost, and he remains held at Guantanamo. || Although the judge found the case against Awad "gossamer thin," he ruled it was "more likely than not" that Awad was, "for some period of time, 'part of' Al Qaida." || (See his entry in our chart on mistreatment.) | ||
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| [[Fawzi Khalid Abdullah Fahad Al Odah]] || [[ISN 00232]] || [] || [[Kuwait]] || Captured by Pakistani border guards in November 2001. The government alleged that Odah admitted firing an AK-47 at a training camp in Afghanistan and carrying an AK-47 through the Tora Bora mountains for ten to 11 days during the U.S. air campaign there. Judge denied release Aug. 24, 2009. Al Odah appealed, but the appeals court affirmed the decision. He remains held at Guantanamo. The judge found that Odah had attended a Taliban training camp, and that "more likely than not," he "became a part of the forces of the Taliban and Al Qaeda." | | [[Fawzi Khalid Abdullah Fahad Al Odah]] || [[ISN 00232]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/232-fouzi-khalid-abdullah-al-awda] || [[Kuwait]] || Captured by Pakistani border guards in November 2001. || The government alleged that Odah admitted firing an AK-47 at a training camp in Afghanistan and carrying an AK-47 through the Tora Bora mountains for ten to 11 days during the U.S. air campaign there. || Judge denied release Aug. 24, 2009. Al Odah appealed, but the appeals court affirmed the decision. He remains held at Guantanamo. || The judge found that Odah had attended a Taliban training camp, and that "more likely than not," he "became a part of the forces of the Taliban and Al Qaeda." | ||
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| [[Sufyian Barhoumi]] || [[ISN 00694]] || [] || [[Algeria]] || Captured in Pakistan in March 2002. The government alleged that Barhoumi traveled to Afghanistan in 1999 to attend weapons training in several camps, then trained others, and engaged in hostilities against the U.S. Judge denied release Sept. 3, 2009. Barhoumi is appealing the decision and remains held at Guantanamo. According to the significantly redacted transcript of a sealed court hearing, the judge found Barhoumi to be "a fighter against U.S. forces" who should be detained. From Barhoumi’s own statements and those of an informant, the judge concluded that he participated in military training and traveled a route through conflict zones consistent with the government's allegations against him. | | [[Sufyian Barhoumi]] || [[ISN 00694]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/694-sufyian-barhoumi] || [[Algeria]] || Captured in Pakistan in March 2002. || The government alleged that Barhoumi traveled to Afghanistan in 1999 to attend weapons training in several camps, then trained others, and engaged in hostilities against the U.S. || Judge denied release Sept. 3, 2009. Barhoumi is appealing the decision and remains held at Guantanamo. || According to the significantly redacted transcript of a sealed court hearing, the judge found Barhoumi to be "a fighter against U.S. forces" who should be detained. From Barhoumi’s own statements and those of an informant, the judge concluded that he participated in military training and traveled a route through conflict zones consistent with the government's allegations against him. | ||
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| [[Farhi Saeed bin Mohammed | | [[Farhi Saeed bin Mohammed]] || [[ISN 00311]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/311-saiid-farhi] || [[Algeria]] || Captured by Pakistani authorities in late 2001 while attempting to cross the border from Afghanistan to Pakistan. || The government alleged that Mohammed traveled, trained and fought on behalf of al-Qaida and/or the Taliban. || Judge granted Mohammed’s habeas petition seeking release on Nov. 19, 2009. The detainee sought release to a country other than Algeria, saying that he would be mistreated there because of the stigma from being held at Guantanamo. But the U.S. Supreme Court ruled that he may be repatriated. Mohammed remains at Guantanamo. || Judge Kessler rejected statements of another detainee saying Mohammed had trained at an al-Qaida camp, saying those statements were unreliable after years of brutal abuse by foreign captors "at the behest" of the U.S. She did credit proof that Mohammed had been "recruited and traveled via a terrorist pipeline" and stayed at suspect guesthouses. But she said those facts weren't enough to prove he'd joined the enemy's military command structure, which she deemed necessary for lawful detention. She rejected the government's claim that Mohammed participated in battle, saying it "rests only on highly speculative evidence." || (See his entry in our chart on mistreatment.) | ||
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| [[Musa’ab Al Madhwani | | [[Musa’ab Al Madhwani]] || [[ISN 00839]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/839-musab-omar-ali-al-madoonee] || [[Yemen]] || Captured by Pakistani police on Sept. 11, 2002. || The government alleged that Madwani traveled to Afghanistan to train with al-Qaida, received weapons instruction at an al-Qaida training camp, associated with al-Qaida members after his training and participated in firefight against the U.S.-led coalition. || Judge denied release Dec. 14, 2009. Madhwani has appealed the decision and remains held at Guantanamo. || The judge rejected the bulk of the government's evidence as unreliable because it was derived from harsh interrogations of the detainee. But he believed other statements Madhwani gave -- during military hearings at Guantanamo and in federal court -- and said they showed Madhwani had received weapons training and belonged to al-Qaida. || (See his entry in our chart on mistreatment.) | ||
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| [[Saeed Mohammed Saleh Hatim | | [[Saeed Mohammed Saleh Hatim]] || [[ISN 00255]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/255-said-muhammed-salih-hatim] || [[Yemen]] || Captured near the Pakistan-Afghanistan border in 2002. || The government alleged that Hatim had trained at an al-Qaida military camp and served under the command of al-Qaida and the Taliban in fighting against the United States. || Judge found Hatim eligible for release on Dec. 16, 2009. The government is appealing the decision. Hatim remains at Guantanamo. || The judge said the government's sole evidence that Hatim had attended an al-Qaida training camp -- the detainee's own statement -- was "tainted by torture," because Hatim had been abused for six months after being detained by U.S. forces in Afghanistan. He disparaged the government's other evidence, including the statements of another detainee who'd been diagnosed by the military as having severe psychological problems, about Hatim's alleged involvement with terrorist guesthouses and military operations, as incredible or inadequate to prove Hatim was a part of al-Qaida. || (See his entry in our chart on mistreatment.) | ||
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| [[Suleiman Awadh Bin Agil Al-Nahdi | | [[Suleiman Awadh Bin Agil Al-Nahdi]] || [[ISN 00511]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/511-sulaiman-awath-sulaiman-bin-ageel-al-nahdi] || [[Yemen]] || Captured in Afghanistan by foreign authorities, eventually transferred to U.S. custody. || The government alleged that Al-Nahdi traveled to Afghanistan as an al-Qaida recruit, received military training and joined al-Qaida forces in battling the U.S. at Tora Bora. || Judge denied Al-Nahdi's habeas petition on Feb. 24, 2010. Al-Nahdi is appealing the decision and remains at Guantanamo. || Judge Kessler found the government produced sufficient evidence -- including Al-Nahdi's own statements and corroborating evidence -- to prove its allegations were more likely than not to be true. She rejected the detainee's argument that statements he gave at Guantanamo were tainted by his alleged torture while earlier jailed by foreign captors, because he offered no proof and because other circumstances supported the truth of his statements. || (See his entry in our chart on mistreatment.) | ||
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| [[Fahmi Salem Al-Assani | | [[Fahmi Salem Al-Assani]] || [[ISN 00554]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/554-fahmi-salem-said-al-sani] || [[Yemen]] || Captured in Afghanistan in December 2001. || The government alleged that Al-Assani traveled to Afghanistan as an al-Qaida recruit, received military training, served as a bodyguard for bin Laden and joined al-Qaida forces in battling the United States at Tora Bora. || Judge denied Al-Assani's habeas petition on Feb. 24, 2010. Al-Assani is appealing the decision and remains at Guantanamo. || Al-Assani's own admission that he'd received military training at an al-Qaida camp and served as a foot soldier at Tora Bora persuaded the judge to uphold his detention. He said he'd done these acts unwillingly, but Judge Kessler rejected the argument as incredible and not nearly as relevant as his actions. Al-Assani challenged a fellow detainee's statement against him as unreliable due to torture, but the judge accepted the statement for lack of proof of abuse. || (See his entry in our chart on mistreatment.) | ||
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| [[Uthman Abdul Rahim Mohammed Uthman | | [[Uthman Abdul Rahim Mohammed Uthman]] || [[ISN 00027]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/27-uthman-abdul-rahim-mohammed-uthman] || [[Yemen]] || Seized by Pakistani authorities in October 2001. || The government accused Uthman of being a member of al-Qaida who served as a bodyguard to bin Laden and fought alongside the Taliban at Tora Bora. || Judge granted Uthman's habeas petition on Feb. 24, 2010. The government is appealing the decision. Uthman remains held at Guantanamo. || Judge Kennedy found the incriminating testimony of other detainees to be unreliable because of torture or vagueness. The government's other evidence proved only that Uthman had traveled a certain route, which was "consistent with the proposition that Uthman was a part of Al Qaeda," but "not proof of that allegation," the judge concluded. || (See his entry in our chart on mistreatment.) | ||
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| [[Mukhtar Yahya Najee al Warafi]] || [[ISN 00117]] || [] || [[Yemen]] || Surrendered to the Northern Alliance in December 2001, then transferred to U.S. custody. The government alleged that al Warafi acted as part of the Taliban by medically treating its wounded soldiers. Judge denied detainee's habeas petition on March 24, 2010. The detainee has appealed the decision and remains held at Guantanamo. Judge Lamberth credited the government's evidence, which mainly consisted of the detainee's own interrogation statements, because the statements weren't coerced and because they told a consistent story. He rejected the detainee's denials as inconsistent with his interrogation statements. He also rejected the detainee's argument that, even assuming he'd really treated Taliban soldiers, he should be exempt from detention under the Geneva Convention's exception for medical personnel in war zones. The judge said Congress had specifically legislated in 2006 that detainees couldn't invoke international treaty rights in habeas lawsuits. | | [[Mukhtar Yahya Najee al Warafi]] || [[ISN 00117]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/117-muktar-yahya-najee-al-warafi] || [[Yemen]] || Surrendered to the Northern Alliance in December 2001, then transferred to U.S. custody. || The government alleged that al Warafi acted as part of the Taliban by medically treating its wounded soldiers. || Judge denied detainee's habeas petition on March 24, 2010. The detainee has appealed the decision and remains held at Guantanamo. || Judge Lamberth credited the government's evidence, which mainly consisted of the detainee's own interrogation statements, because the statements weren't coerced and because they told a consistent story. He rejected the detainee's denials as inconsistent with his interrogation statements. He also rejected the detainee's argument that, even assuming he'd really treated Taliban soldiers, he should be exempt from detention under the Geneva Convention's exception for medical personnel in war zones. The judge said Congress had specifically legislated in 2006 that detainees couldn't invoke international treaty rights in habeas lawsuits. | ||
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| [[Mohamedou Ould Salahi (a.k.a. Slahi | | [[Mohamedou Ould Salahi (a.k.a. Slahi)]] || [[ISN 00760]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/760-mohamedou-ould-slahi] || [[Mauritania]] || Arrested by Mauritanian authorities in Nov. 2001, at United States' request. || The government alleged that Slahi recruited three perpetrators of the 9/11 attacks, aided a high-ranking al-Qaida leader who was his cousin and helped develop al-Qaida's telecommunications capacity. || Judge granted the detainee's habeas petition on March 22, 2010. The government is appealng the decision. Slahi remains held at Guantanamo. || Judge Robertson said the reliable evidence proved only that Slahi had been an al-Qaida supporter in the 1990s, but not that he was not under the command of al-Qaida at the time of his capture in 2001. His family connection with an al-Qaida leader, the judge said, was "something like ...a non-al-Qaida member providing housing to his al-Qaida member son." He acknowledged that much of the government's evidence consisted of statements of Slahi or of other detainees obtained under allegedly coercive conditions, but it's not clear how much if any weight he gave that kind of evidence. || (See his entry in our chart on mistreatment.) | ||
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| [[Yasein Khasem Mohammad Esmail | | [[Yasein Khasem Mohammad Esmail]] || [[ISN 00522]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/522-yasin-qasem-muhammad-ismail] || Afghanistan || Captured in Afghanistan in late 2001. || The government alleged that Esmail was a trained al-Qaida fighter who was present at the site of a battle against U.S. forces in Afghanistan. || Judge denied the detainee's habeas petition on April 8, 2010. Esmail asked the judge to reconsider, but he declined. Esmail remains held at Guantanamo. || The government and the detainee agreed on many key details about the detainee's whereabouts preceding his capture, but disagreed about his motives. The judge found the detainee's story of innocence -- and his allegations of being abusively interrogated -- to be largely incredible. || (See his entry in our chart on mistreatment.) | ||
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| [[Omar Mohammed Khalifh | | [[Omar Mohammed Khalifh]] || [[ISN 00695]] || [https://web.archive.org/web/20171228112012/http://projects.nytimes.com/guantanamo/detainees/695-omar-khalifa-mohammed-abu-bakr] || [[Libya]] || Captured by Pakistani forces in Jalalabad, Pakistan, in March 2002. || The government accused Khalifh of providing training in explosives at al-Qaida military camps in Afghanistan, battling U.S. forces after September 2001 in Afghanistan and in other ways being a long-time member of enemy terrorist groups. || Judge denied habeas petition on April 20, 2010. Khalifh is appealing the decision, and he remains held at Guantanamo. || The judge concluded that the government had produced sufficient evidence of Khalifh's membership in al-Qaida and an affiliated group and of his role in military training to uphold his detention. He rejected the evidence of Khalifh's participation in battles against U.S. forces, saying it came from possibly coercive interrogations and was uncorroborated. || (See his entry in our chart on mistreatment.) | ||
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| [[Ravil Mingazov]] || [[ISN 00702]] || [https://web.archive.org/web/20170208230129/http://projects.nytimes.com/guantanamo/detainees/702-ravil-mingazov] || [[Russia]] || Captured in Pakistan in March 2002. || The government accused Mingazov of joining a terrorist group associated with al-Qaida or the Taliban and receiving military training from al-Qaida. || Judge granted the detainee's habeas petition on May 13, 2010. Mingazov remains held at Guantanamo, while the government appeals the decision. || The judge rejected the government's case, which rested largely on the detainee's interrogation statements, because the detainee had probably incriminated himself only due to threats he'd otherwise be returned to dangerous circumstances in Russia. The statements were also uncorroborated and full of errors, according to the judge. || (See his entry in our chart on mistreatment.) | | [[Ravil Mingazov]] || [[ISN 00702]] || [https://web.archive.org/web/20170208230129/http://projects.nytimes.com/guantanamo/detainees/702-ravil-mingazov] || [[Russia]] || Captured in Pakistan in March 2002. || The government accused Mingazov of joining a terrorist group associated with al-Qaida or the Taliban and receiving military training from al-Qaida. || Judge granted the detainee's habeas petition on May 13, 2010. Mingazov remains held at Guantanamo, while the government appeals the decision. || The judge rejected the government's case, which rested largely on the detainee's interrogation statements, because the detainee had probably incriminated himself only due to threats he'd otherwise be returned to dangerous circumstances in Russia. The statements were also uncorroborated and full of errors, according to the judge. || (See his entry in our chart on mistreatment.) | ||
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| [[Mohamed Mohamed Hassan Odaini]] || [[ISN 00681]] || [https://web.archive.org/web/20170208230129/http://projects.nytimes.com/guantanamo/detainees/681-mohammed-odaini] || [[Yemen]] || Seized by Pakistani authorities on March 28, 2002. The government asserted that Odaini was a part of al-Qaida because he was arrested at a guesthouse allegedly connected to the terrorist network. Judge granted habeas petition on May 26, 2010. Odaini was sent back to Yemen July 13. The judge said the evidence "overwhelmingly" supported Odaini's claim that he was a student not affiliated with al-Qaida, who visited the suspect guesthouse for the first time the night he was arrested. U.S. officials themselves had said, numerous times since 2002, that Odaini didn't belong at Guantanamo, the judge noted | | [[Mohamed Mohamed Hassan Odaini]] || [[ISN 00681]] || [https://web.archive.org/web/20170208230129/http://projects.nytimes.com/guantanamo/detainees/681-mohammed-odaini] || [[Yemen]] || Seized by Pakistani authorities on March 28, 2002. || The government asserted that Odaini was a part of al-Qaida because he was arrested at a guesthouse allegedly connected to the terrorist network. || Judge granted habeas petition on May 26, 2010. Odaini was sent back to Yemen July 13. || The judge said the evidence "overwhelmingly" supported Odaini's claim that he was a student not affiliated with al-Qaida, who visited the suspect guesthouse for the first time the night he was arrested. U.S. officials themselves had said, numerous times since 2002, that Odaini didn't belong at Guantanamo, the judge noted. | ||
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Hussain Salem Mohammed Almerfedi]] || [[ISN 01015]] || [https://web.archive.org/web/20170208230129/http://projects.nytimes.com/guantanamo/detainees/1015-hussein-salem-mohammed] || [[Yemen]] || Arrested by Iranian police approximately January 2002. The government accused Almerfedi of being an al-Qaida facilitator who helped people cross from Iran to fight U.S. forces in Afghanistan. Judge granted habeas petition on July 8, 2010. Almerfedi remains held at Guantanamo. The judge rejected the government's evidence -- nearly all of it summaries of statements another detainee gave during interrogations -- as "inherently unreliable" or too general. | | [[Hussain Salem Mohammed Almerfedi]] || [[ISN 01015]] || [https://web.archive.org/web/20170208230129/http://projects.nytimes.com/guantanamo/detainees/1015-hussein-salem-mohammed] || [[Yemen]] || Arrested by Iranian police approximately January 2002. || The government accused Almerfedi of being an al-Qaida facilitator who helped people cross from Iran to fight U.S. forces in Afghanistan. ||Judge granted habeas petition on July 8, 2010. Almerfedi remains held at Guantanamo. || The judge rejected the government's evidence -- nearly all of it summaries of statements another detainee gave during interrogations -- as "inherently unreliable" or too general. | ||
|- | |||
Abd al Rathman Abdu Abu Ghayth Sulayman]] || [[ISN 00223]] || [https://web.archive.org/web/20170208230129/http://projects.nytimes.com/guantanamo/detainees/223-abdul-rahman-abdul-abu-ghityh-sulayman] || [[Yemen]] || Captured in Pakistan in December 2001. The government accused Sulayman of traveling from Yemen to Afghanistan and Pakistan as part of the Taliban. Judge denied habeas petition on July 20, 2010. Sulayman remains held at Guantanamo. Judge Walton decided, based on Sulayman's interrogation statements, which Sulayman said were "truthful," that the detainee was part of the Taliban. || (See his entry in our chart on mistreatment.) | | [[Abd al Rathman Abdu Abu Ghayth Sulayman]] || [[ISN 00223]] || [https://web.archive.org/web/20170208230129/http://projects.nytimes.com/guantanamo/detainees/223-abdul-rahman-abdul-abu-ghityh-sulayman] || [[Yemen]] || Captured in Pakistan in December 2001. || The government accused Sulayman of traveling from Yemen to Afghanistan and Pakistan as part of the Taliban. || Judge denied habeas petition on July 20, 2010. Sulayman remains held at Guantanamo. || Judge Walton decided, based on Sulayman's interrogation statements, which Sulayman said were "truthful," that the detainee was part of the Taliban. || (See his entry in our chart on mistreatment.) | ||
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| [[Adnan Farhan Abdul Latif]] || [[ISN 00156]] || [https://web.archive.org/web/20170208230129/http://projects.nytimes.com/guantanamo/detainees/156-allal-ab-aljallil-abd-al-rahman] || [[Yemen]] || Arrested in Pakistan || The court's opinion, explaining both sides' positions and discussing the evidence, isn't yet public. But the government alleged in military proceedings that Latif was an al-Qaida fighter who traveled to Afghanistan to battle U.S. forces. || Judge granted habeas petition on July 21, 2010. Latif remains held at Guantanamo. || The court's opinion discussing the evidence isn't yet public. But in a brief order announcing the result, Judge Kennedy told the government to "take all necessary and appropriate diplomatic steps to facilitate Latif’s release forthwith" and report back on Aug. 20. | | [[Adnan Farhan Abdul Latif]] || [[ISN 00156]] || [https://web.archive.org/web/20170208230129/http://projects.nytimes.com/guantanamo/detainees/156-allal-ab-aljallil-abd-al-rahman] || [[Yemen]] || Arrested in Pakistan || The court's opinion, explaining both sides' positions and discussing the evidence, isn't yet public. But the government alleged in military proceedings that Latif was an al-Qaida fighter who traveled to Afghanistan to battle U.S. forces. || Judge granted habeas petition on July 21, 2010. Latif remains held at Guantanamo. || The court's opinion discussing the evidence isn't yet public. But in a brief order announcing the result, Judge Kennedy told the government to "take all necessary and appropriate diplomatic steps to facilitate Latif’s release forthwith" and report back on Aug. 20. | ||
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Latest revision as of 06:35, 29 February 2024
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name | ISN | nytimes | nationality | |||||
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Lakhdar Boumediene | ISN 10005 | [1] | Algeria |
Arrested by Bosnian authorities in October 2001 on suspicion of plotting to bomb the U.S. embassy in Sarajevo. Cleared for release January 2002, but transported to Guantanamo at request of U.S. military. |
The government mainly alleged that he'd planned to travel to Afghanistan in late 2001 to fight the U.S. and allied forces. Also that he associated with al-Qaida and other suspected terrorists and that he'd worked for an al-Qaida-affiliated organization that provided material support to terrorists. |
Judge ordered release Nov. 20, 2008. Boumediene was transferred to France May 15, 2009. |
Judge decided the government failed to prove its allegations by a preponderance (majority) of the evidence. "[T]he Government relies exclusively on the information contained in a classified document from an unnamed source," wrote the judge. This single piece of evidence "is not sufficient" to prove the legality of detention, he said. | |
Mohamed Nechla | ISN 10003 | [2] | Born in Algeria, citizen of Bosnia and Herzegovina | Same as Boumediene | Similar to Boumediene's case | Judge ordered release Nov. 20, 2008 | Nechla was transferred to Bosnia and Herzegovina Dec. 16, 2008 | |
Hadj Boudella | ISN 10006 | [3] | Born in Algeria, citizen of Bosnia and Herzegovina | Same as Boumediene | Similar to Boumediene's case | Judge ordered release Nov. 20, 2008 | Boudella was transferred to Bosnia and Herzegovina Dec. 16, 2008 | Similar to Boumediene's case |
Belkacem Bensayah | ISN 10001 | [4] | Algeria | Same as Boumediene | The government alleged that Bensayah planned to travel to Afghanistan in late 2001 and to fight U.S. and allied forces, and that he was al-Qaida's primary facilitator and financier in Bosnia and Herzegovina | Judge denied release Nov. 20, 2008 | Bensayah appealed to the federal appeals court in Washington, D.C., which on June 28, 2010, ordered the trial judge to revisit the case | Although Bensayah's five countrymen were found to be unlawfully detained, the judge said the government had produced "additional evidence that sufficiently corroborates its allegations from [an] unnamed source that Bensayah is an al-Qaida facilitator." |
Mustafa Ait Idir | ISN 10004 | [5] | Born in Algeria, citizen of Bosnia and Herzegovina | Same as Boumediene | Similar to Boumediene's case | Judge ordered release Nov. 20, 2008. | Ait Idir was transferred to Bosnia and Herzegovina Dec. 16, 2008. | Similar to Boumediene's case. |
Saber Lahmar | ISN 10002 | [6] | Algeria | Same as Boumediene. | Similar to Boumediene's case. | Judge ordered release Nov. 20, 2008. Lahmar was transferred to France on Nov. 30, 2009. | Similar to Boumediene's case. | |
Alla Ali Bin Ali Ahmed | ISN 00692 | [7] | Yemen | Captured March 2002 at a guesthouse for Yemenis in Faisalabad, Pakistan. The government alleged that Ali Ahmed had traveled and stayed with al-Qaida and/or Taliban members in Afghanistan, and that he'd fought and trained in Afghanistan. | Judge found Ali Ahmed eligible for release May 11, 2009. | He was transferred to Yemen on Sept. 26, 2009. | Judge concluded that the government had failed to present reliable evidence proving its allegations, and that certain alleged conduct -- such as traveling in the company of terrorists and staying at a suspect guesthouse -- wouldn't be enough to detain Ali Ahmed even if proved. | (See his entry in our chart on mistreatment.) |
Ghaleb Nassar Al Bihani | ISN 00128 | [8] | Born in Saudi Arabia, citizen of Yemen | Surrendered to the Northern Alliance near the Pakistan-Afghanistan border in or after late November 2001. | Was transferred to U.S. custody in June 2002. The government alleged that sometime after May 2001 Al Bihani received military training at an al-Qaida camp in Afghanistan and joined a Taliban military unit that fought against the Northern Alliance, retreating with that unit in late November 2001, after the U.S. and allies began bombing. | Judge denied release January 2009. Al Bihani appealed the decision and lost before a three-judge panel. He has asked the entire appeals court to reconsider his case. He remains at Guantanamo. | The judge said proof that Al Bihani had served as a cook for the Taliban by itself justified his imprisonment. He said that "faithfully serving in an al-Qaida-affiliated fighting unit that is directly supporting the Taliban by helping to prepare the meals of its entire fighting force is more than sufficient "support" to qualify for indefinite detention. | |
Hisham Sliti | ISN 00174 | [9] | Tunisia | Captured in Pakistan in December 2001. | The government alleged that in 2000 Sliti traveled from London to Afghanistan on a false passport as an al-Qaida recruit, stayed at an al-Qaida-affiliated guesthouse and mosque, received military training at an al-Qaida camp, and helped start a terrorist organization with ties to al-Qaida. | Judge denied release Dec. 30, 2008. Sliti is appealing the decision and remains at Guantanamo. | The judge found that, other than for the allegation that Sliti had helped found a terrorist organization, the government had produced evidence sufficient to justify Sliti's indefinite detention. | |
Mohammed El Gharani | 00269 | [10] | Born in Saudi Arabia, citizen of Chad | Arrested by Pakistani authorities and turned over to the United States in early 2002. | The government alleged that he'd stayed at an al-Qaida-affiliated guesthouse in Afghanistan, received military training at an al-Qaida camp, served as a courier for al-Qaida members, fought the U.S. and allies at the battle of Tora Bora, and belonged to an al-Qaida cell based in London. | Judge found El Gharani eligible for release Jan. 13, 2009. He was transferred to Chad on June 11, 2009. | The government's evidence was unreliable, the judge said, because it consisted chiefly of statements by two other detainees -- sometimes contradicting each other -- whose believability was questioned by the government itself. | |
Moath Hamza Ahmed Al Alwi | ISN 00028 | [11] | Yemen | Arrested in Pakistan by Pakistani authorities in late 2001 and transferred to U.S. custody. | The government alleged that Al Alwi stayed at guesthouses and received military training at camps closely associated with al-Qaida and the Taliban, that he supported Taliban fighters (including after the U.S. forces arrived in October 2001), and that he served as a bodyguard to Osama bin Laden. | Judge denied release Dec. 30, 2008. Al Alwi is appealing the decision and remains at Guantanamo. | The judge said that "more than ample evidence" proves Al Alwi stayed at al-Qaida and Taliban guesthouses and trained with and supported the Taliban. This was enough to justify his indefinite detention, even without persuasive evidence that Al Alwi had taken up arms himself against the U.S. or its allies. Since this conduct alone justified his detention, the judge said, there was no need for the court to address the allegations that Al Alwi had been a bin Laden bodyguard and trained with al-Qaida. | |
Hedi Hammamy | ISN 00717 | [12] | Tunisia | Arrested in April 2002 in Pakistan by Pakistani authorities and transferred to U.S. custody. | The government alleged that Hammamy fought with the Taliban or al-Qaida against the U.S., belonged to an Italian terrorist cell supporting Islamic terrorist groups, attended a terrorist training camp in Afghanistan, and belonged to a Pakistan-based organization too secret for the government to describe. | Judge denied release April 4, 2009. Hammamy is appealing the decision and remains at Guantanamo. | The judge said that evidence that Hammamy had fought the U.S. and belonged to the Italian terrorist cell justified his detention. The judge didn't address the other allegations. | |
Yasin Muhammed Basardh | ISN 00252 | [13] | Yemen | Arrested near Pakistan-Afghanistan border in early 2002. | The government alleged that Basardh trained at an al-Qaida military camp and fought for the Taliban, hiding with Osama bin Laden in the mountains of Tora Bora in late 2001. | Judge found Basardh eligible for release April 15, 2009. He remains at Guantanamo, while the government appeals the decision. In November, the U.S. Supreme Court without explanation declined to consider his claim that his continuing detention is unconstitutional. | The judge said the admitted Taliban fighter could no longer be properly detained, because news reports showed that Basardh gave U.S. authorities information about numerous other suspected terrorists. "[A]ny ties with the enemy have been severed, and any realistic risk that he could rejoin the enemy has been foreclosed," the judge wrote. | |
Huzaifa Parhat | ISN 00320 | [14] | China (member of Uighur minority) | Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. | The government alleged that Parhat was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaida and the Taliban and engaged in hostilities against the U.S. and allies. | Determined by government to be eligible for release August 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Parhat released into the United States. The government appealed, and the judge's release order was blocked by the D.C. federal appeals court. Parhat nevertheless was transferred to Bermuda on June 11, 2009. | The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations -- that ETIM was linked to al-Qaida and the Taliban, and that ETIM was hostile to the U.S. -- and that Parhat could not be held as an enemy combatant on "bare assertions." | |
Abdul Nasser | ISN 00278 | [15] | China (member of Uighur minority) | Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. | Similar to Parhat's case. | Determined by government to be eligible for transfer November 2005. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Nassar released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Nasser nevertheless was transferred to Bermuda on June 11, 2009. | Similar to Parhat's case. | |
Abdul Sabour | ISN 00275 | [16] | China (member of Uighur minority) | Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. | Similar to Parhat's case. | Determined by government to be eligible for release Nov. 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Sabour released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Sabour joined several of his countrymen to ask the U.S. Supreme Court to reverse the appeals court, but instead the high court sent the case back down for a second look. The appeals court again ruled that judges cannot require release, but the detainees are challenging this decision. Sabour remains at Guantanamo. | Similar to Parhat's case. | |
Abdul Semet | ISN 00295 | [17] | China (member of Uighur minority) | Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. | Similar to Parhat's case. | Determined by government to be eligible for release June 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Semet released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Semet nevertheless was transferred to Bermuda on June 11, 2009. | Similar to Parhat's case. | |
Hammad Memet | ISN 00328 | [18] | China (member of Uighur minority) | Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. | Similar to Parhat's case. | Determined by government to be eligible for release Nov. 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Memet released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Memet joined several of his countrymen to ask the U.S. Supreme Court to reverse the appeals court, but instead the high court sent the case back down for a second look. The appeals court again ruled that judges cannot require release, but the detainees are challenging this decision. Memet remains at Guantanamo. | Similar to Parhat's case. | |
Jalal Jalaldin | ISN 00285 | [19] | China (member of Uighur minority) | Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. | Similar to Parhat's case. | Determined by government to be eligible for release August 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Jalaldin released into the United States. The government appealed, and the judge's release order was blocked by the D.C. federal appeals court. Jalaldin nevertheless was transferred to Bermuda on June 11, 2009. | Similar to Parhat's case. | |
Khalid Ali | ISN 00280 | [20] | China (member of Uighur minority) | Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. | Similar to Parhat's case. | Determined by government to be eligible for release Nov. 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Ali released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Ali joined several of his countrymen to ask the U.S. Supreme Court to reverse the appeals court, but instead the high court sent the case back down for a second look. The appeals court again ruled that judges cannot require release, but the detainees are challenging this decision. Ali remains at Guantanamo. | Similar to Parhat's case. | |
Sabir Osman | ISN 00282 | [21] | China (member of Uighur minority) | Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. | Similar to Parhat's case. | Determined by government to be eligible for release Nov. 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Osman released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Osman joined several of his countrymen to ask the U.S. Supreme Court to reverse the appeals court, but instead the high court sent the case back down for a second look. The appeals court again ruled that judges cannot require release, but the detainees are challenging this decision. Osman remains at Guantanamo. | Similar to Parhat's case. | |
Edham Mamet | ISN 00102 | [22] | China (member of Uighur minority) | Captured in Afghanistan in November 2001 | Similar to Parhat's case. | Determined by government to be eligible for release August 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Mamet released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Mamet asked the U.S. Supreme Court to reverse the appeals court's decision, but in the meantime was transferred to Palau on Oct. 31, 2009. | Similar to Parhat's case. | |
Bahtiyar Mahnut | ISN 00277 | [23] | China (member of Uighur minority) | Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. | Similar to Parhat's case. | Determined by government to be eligible for release Nov. 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Mahnut released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Mahnut asked the U.S. Supreme Court to reverse the appeals court's decision, but instead the high court sent the case back to the appeals court for a second look. Mahnut was transferred to Switzerland in March 2010. | Similar to Parhat's case. | |
Arkin Mahmud | ISN 00103 | [24] | China (member of Uighur minority) | Captured in Afghanistan in November 2001 | Similar to Parhat's case. | Determined by government to be eligible for release Nov. 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Mahmud released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Mahmud joined several of his countrymen to ask the U.S. Supreme Court to reverse the appeals court, but instead the high court sent the case back for a second look. Mahmud was transferred to Switzerland in March 2010. | Similar to Parhat's case. | |
Abdur Razakah | ISN 00219 | [25] | China (member of Uighur minority) | Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. | Similar to Parhat's case. | Determined by government to be eligible for release Nov. 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Razakah released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Razakah joined several of his countrymen to ask the U.S. Supreme Court to reverse the appeals court, but instead the high court sent the case back down for a second look. The appeals court again ruled that judges cannot require release, but the detainees are challenging this decision. Razakah remains at Guantanamo. | Similar to Parhat's case. | |
Ahmad Tourson | ISN 00201 | [26] | China (member of Uighur minority) | Captured in Afghanistan in November 2001 | Similar to Parhat's case. | Determined by government to be eligible for release Nov. 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Tourson released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Tourson asked the U.S. Supreme Court to reverse the appeals court's decision, but in the meantime was transferred to Palau on Oct. 31, 2009. | Similar to Parhat's case. | |
Abdul Ghappar Abdul Rahman | ISN 00281 | [27] | China (member of Uighur minority) | Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. | Similar to Parhat's case. | Determined by government to be eligible for release August 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Rahman released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Rahman asked the U.S. Supreme Court to reverse the appeals court's decision, but in the meantime was transferred to Palau on Oct. 31, 2009. | Similar to Parhat's case. | |
Adel Noori | ISN 00584 | [28] | China (member of Uighur minority) | Captured May 2002. | Similar to Parhat's case. | Determined by government to be eligible for release August 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Noori released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Noori asked the U.S. Supreme Court to reverse the appeals court's decision, but in the meantime was transferred to Palau on Oct. 31, 2009. | Similar to Parhat's case. | |
Anwar Hassan | ISN 00250 | [29] | China (member of Uighur minority) | Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. | Similar to Parhat's case. | Determined by government to be eligible for release August 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Hassan released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Hassan asked the U.S. Supreme Court to reverse the appeals court's decision, but in the meantime was transferred to Palau on Oct. 31, 2009. | Similar to Parhat's case. | |
Dawut Abdurehim | ISN 00289 | [30] | China (member of Uighur minority) | Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. | Similar to Parhat's case. | Determined by government to be eligible for release August 2003. On Oct. 8, 2008, federal judge Ricardo Urbina ordered Abdurehim released into the United States, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Abdurehim asked the U.S. Supreme Court to reverse the appeals court's decision, but in the meantime was transferred to Palau on Oct. 31, 2009. | Similar to Parhat's case. | |
Abdulrahim Abdul Razak Al Janko (a.k.a. Ginco) | ISN 00489 | [31] | Syria | Captured by U.S. forces in January 2002 in Kandahar, Afghanistan. The government alleged that, in early 2000, Janko spent five days at a Taliban guesthouse and trained for 18 days at an al-Qaida military camp. Judge found Janko eligible for release June 22, 2009. According to the Department of Justice, he has since been transferred to a foreign nation; the department will not identify that nation, or provide the date of transfer. Janko was eligible for release, the judge said, because by the time of his arrest in 2002 he should not have been considered to be part of the Taliban or al-Qaida. The evidence showed that he'd been tortured by al-Qaida and imprisoned for 18 months by the Taliban in an infamously "horrific" prison. | ||||
Mohammed Jawad | ISN 00900 | [32] | Afghanistan | Arrested by local officials in Afghanistan in December 2002. | The government alleged that on Dec. 17, 2002, Jawad tossed a grenade in Afghanistan that seriously injured two U.S. soldiers and their local interpreter. On July 30, 2009, judge ordered that "beginning on August 21" the government "shall promptly release petitioner Jawad.” He was transferred to Afghanistan on August 24. | Technically the judge ordered Jawad released because the government said it would no longer detain him as a wartime enemy. But the government's decision followed a scathing reprimand from the judge for continuing to detain Jawad and prosecute him in a military commission based mostly on a confession obtained by Afghan officials under death threats. | (See his entry in our chart on mistreatment.) | |
Khalid Abdullah Mishal Al Mutairi | ISN 00213 | [33] | Kuwait | Captured near Pakistan-Afghanistan border in November 2001. | The government alleged that Al Mutairi was a part of al-Qaida or of a force associated with al-Qaida, because, among other claims, he'd attended a training camp believed to be affiliated with al-Qaida. | On July 29, 2009, judge ordered the government to "take all necessary and appropriate steps to facilitate Al Mutairi's release forthwith." He was transferred to Kuwait on Oct. 13. | The judge concluded that "there is nothing in the record beyond speculation" to prove the government's allegations. Intelligence reports were too imprecise and needed corroborating proof, she said. For instance, "one reference, in a portion of one sentence, in one interrogation report," was not enough to prove Al Mutairi had attended a terrorist training camp, because the report didn't clearly identify him. She rejected one self-incriminating statement from an interrogation of Al Mutairi because "he appears to have been goaded into making these statements." | |
Mohammed Al Adahi | ISN 00033 | [34] | Yemen | Captured by Pakistani authorities near the Afghanistan border in December 2001. | The government alleged that Al-Adahi served as an al-Qaida military trainer and fighter and as a bin Laden bodyguard. It claimed that his admitted "close familial ties to prominent members of the jihad community in Afghanistan," in the judge's words -- including to Osama bin Laden himself -- made his alleged enemy acts more likely to be true. | Judge on Aug. 17, 2009, declared Al-Adahi to be unlawfully detained and ordered the government to "take all necessary and appropriate diplomatic steps to facilitate Petitioner's release forthwith." But on July 13, 2010, the D.C. federal appeals court overturned the lower court's ruling. Al-Adahi remains at Guantanamo. | While Al-Adahi admitted to receiving training for over a week at an al-Qaida military camp, proof that he was expelled for "failing to comply with the rules" showed he was not a member of the enemy's armed forces, the judge concluded. Evidence that he'd trained others amounted to questionable informant testimony. The judge wrote, "It must be emphasized that the Government had no evidence from anyone who claimed to have seen or claimed to have even heard that Al-Adahi was involved in combat activities." Al-Adahi's admission that he'd met bin Laden and that his in-laws might have supported the enemy leader, "sensational and compelling as it may appear," doesn't prove he was an enemy fighter. | |
Fouad Mahmoud Al Rabiah | ISN 00551 | [35] | Kuwait | Captured by villagers outside of Jalalabad, Afghanistan, on approximately Dec. 25, 2001. | The government alleged that in October 2001 Al Rabiah traveled to Afghanistan as a member of al-Qaida, having previously met with bin Laden, and fought at Tora Bora. | Judge ordered release Sept. 17, 2009. Rabiah was transferred to Kuwait on Dec. 9, 2009. | The judge found that the evidence against Rabiah consisted "almost exclusively on Rabiah's 'confessions,'" which even Rabiah's interrogators concluded were "not believable." | (See his entry in our chart on mistreatment.) |
Adham Mohammed Ali Awad | ISN 00088 | [36] | Yemen | Captured in Afghanistan in November 2001. | The government alleged that Awad traveled to Afghanistan to fight, received advanced military training from al-Qaida and participated in fighting against the U.S. | Judge denied release Aug. 12, 2009. The detainee appealed and lost, and he remains held at Guantanamo. | Although the judge found the case against Awad "gossamer thin," he ruled it was "more likely than not" that Awad was, "for some period of time, 'part of' Al Qaida." | (See his entry in our chart on mistreatment.) |
Fawzi Khalid Abdullah Fahad Al Odah | ISN 00232 | [37] | Kuwait | Captured by Pakistani border guards in November 2001. | The government alleged that Odah admitted firing an AK-47 at a training camp in Afghanistan and carrying an AK-47 through the Tora Bora mountains for ten to 11 days during the U.S. air campaign there. | Judge denied release Aug. 24, 2009. Al Odah appealed, but the appeals court affirmed the decision. He remains held at Guantanamo. | The judge found that Odah had attended a Taliban training camp, and that "more likely than not," he "became a part of the forces of the Taliban and Al Qaeda." | |
Sufyian Barhoumi | ISN 00694 | [38] | Algeria | Captured in Pakistan in March 2002. | The government alleged that Barhoumi traveled to Afghanistan in 1999 to attend weapons training in several camps, then trained others, and engaged in hostilities against the U.S. | Judge denied release Sept. 3, 2009. Barhoumi is appealing the decision and remains held at Guantanamo. | According to the significantly redacted transcript of a sealed court hearing, the judge found Barhoumi to be "a fighter against U.S. forces" who should be detained. From Barhoumi’s own statements and those of an informant, the judge concluded that he participated in military training and traveled a route through conflict zones consistent with the government's allegations against him. | |
Farhi Saeed bin Mohammed | ISN 00311 | [39] | Algeria | Captured by Pakistani authorities in late 2001 while attempting to cross the border from Afghanistan to Pakistan. | The government alleged that Mohammed traveled, trained and fought on behalf of al-Qaida and/or the Taliban. | Judge granted Mohammed’s habeas petition seeking release on Nov. 19, 2009. The detainee sought release to a country other than Algeria, saying that he would be mistreated there because of the stigma from being held at Guantanamo. But the U.S. Supreme Court ruled that he may be repatriated. Mohammed remains at Guantanamo. | Judge Kessler rejected statements of another detainee saying Mohammed had trained at an al-Qaida camp, saying those statements were unreliable after years of brutal abuse by foreign captors "at the behest" of the U.S. She did credit proof that Mohammed had been "recruited and traveled via a terrorist pipeline" and stayed at suspect guesthouses. But she said those facts weren't enough to prove he'd joined the enemy's military command structure, which she deemed necessary for lawful detention. She rejected the government's claim that Mohammed participated in battle, saying it "rests only on highly speculative evidence." | (See his entry in our chart on mistreatment.) |
Musa’ab Al Madhwani | ISN 00839 | [40] | Yemen | Captured by Pakistani police on Sept. 11, 2002. | The government alleged that Madwani traveled to Afghanistan to train with al-Qaida, received weapons instruction at an al-Qaida training camp, associated with al-Qaida members after his training and participated in firefight against the U.S.-led coalition. | Judge denied release Dec. 14, 2009. Madhwani has appealed the decision and remains held at Guantanamo. | The judge rejected the bulk of the government's evidence as unreliable because it was derived from harsh interrogations of the detainee. But he believed other statements Madhwani gave -- during military hearings at Guantanamo and in federal court -- and said they showed Madhwani had received weapons training and belonged to al-Qaida. | (See his entry in our chart on mistreatment.) |
Saeed Mohammed Saleh Hatim | ISN 00255 | [41] | Yemen | Captured near the Pakistan-Afghanistan border in 2002. | The government alleged that Hatim had trained at an al-Qaida military camp and served under the command of al-Qaida and the Taliban in fighting against the United States. | Judge found Hatim eligible for release on Dec. 16, 2009. The government is appealing the decision. Hatim remains at Guantanamo. | The judge said the government's sole evidence that Hatim had attended an al-Qaida training camp -- the detainee's own statement -- was "tainted by torture," because Hatim had been abused for six months after being detained by U.S. forces in Afghanistan. He disparaged the government's other evidence, including the statements of another detainee who'd been diagnosed by the military as having severe psychological problems, about Hatim's alleged involvement with terrorist guesthouses and military operations, as incredible or inadequate to prove Hatim was a part of al-Qaida. | (See his entry in our chart on mistreatment.) |
Suleiman Awadh Bin Agil Al-Nahdi | ISN 00511 | [42] | Yemen | Captured in Afghanistan by foreign authorities, eventually transferred to U.S. custody. | The government alleged that Al-Nahdi traveled to Afghanistan as an al-Qaida recruit, received military training and joined al-Qaida forces in battling the U.S. at Tora Bora. | Judge denied Al-Nahdi's habeas petition on Feb. 24, 2010. Al-Nahdi is appealing the decision and remains at Guantanamo. | Judge Kessler found the government produced sufficient evidence -- including Al-Nahdi's own statements and corroborating evidence -- to prove its allegations were more likely than not to be true. She rejected the detainee's argument that statements he gave at Guantanamo were tainted by his alleged torture while earlier jailed by foreign captors, because he offered no proof and because other circumstances supported the truth of his statements. | (See his entry in our chart on mistreatment.) |
Fahmi Salem Al-Assani | ISN 00554 | [43] | Yemen | Captured in Afghanistan in December 2001. | The government alleged that Al-Assani traveled to Afghanistan as an al-Qaida recruit, received military training, served as a bodyguard for bin Laden and joined al-Qaida forces in battling the United States at Tora Bora. | Judge denied Al-Assani's habeas petition on Feb. 24, 2010. Al-Assani is appealing the decision and remains at Guantanamo. | Al-Assani's own admission that he'd received military training at an al-Qaida camp and served as a foot soldier at Tora Bora persuaded the judge to uphold his detention. He said he'd done these acts unwillingly, but Judge Kessler rejected the argument as incredible and not nearly as relevant as his actions. Al-Assani challenged a fellow detainee's statement against him as unreliable due to torture, but the judge accepted the statement for lack of proof of abuse. | (See his entry in our chart on mistreatment.) |
Uthman Abdul Rahim Mohammed Uthman | ISN 00027 | [44] | Yemen | Seized by Pakistani authorities in October 2001. | The government accused Uthman of being a member of al-Qaida who served as a bodyguard to bin Laden and fought alongside the Taliban at Tora Bora. | Judge granted Uthman's habeas petition on Feb. 24, 2010. The government is appealing the decision. Uthman remains held at Guantanamo. | Judge Kennedy found the incriminating testimony of other detainees to be unreliable because of torture or vagueness. The government's other evidence proved only that Uthman had traveled a certain route, which was "consistent with the proposition that Uthman was a part of Al Qaeda," but "not proof of that allegation," the judge concluded. | (See his entry in our chart on mistreatment.) |
Mukhtar Yahya Najee al Warafi | ISN 00117 | [45] | Yemen | Surrendered to the Northern Alliance in December 2001, then transferred to U.S. custody. | The government alleged that al Warafi acted as part of the Taliban by medically treating its wounded soldiers. | Judge denied detainee's habeas petition on March 24, 2010. The detainee has appealed the decision and remains held at Guantanamo. | Judge Lamberth credited the government's evidence, which mainly consisted of the detainee's own interrogation statements, because the statements weren't coerced and because they told a consistent story. He rejected the detainee's denials as inconsistent with his interrogation statements. He also rejected the detainee's argument that, even assuming he'd really treated Taliban soldiers, he should be exempt from detention under the Geneva Convention's exception for medical personnel in war zones. The judge said Congress had specifically legislated in 2006 that detainees couldn't invoke international treaty rights in habeas lawsuits. | |
Mohamedou Ould Salahi (a.k.a. Slahi) | ISN 00760 | [46] | Mauritania | Arrested by Mauritanian authorities in Nov. 2001, at United States' request. | The government alleged that Slahi recruited three perpetrators of the 9/11 attacks, aided a high-ranking al-Qaida leader who was his cousin and helped develop al-Qaida's telecommunications capacity. | Judge granted the detainee's habeas petition on March 22, 2010. The government is appealng the decision. Slahi remains held at Guantanamo. | Judge Robertson said the reliable evidence proved only that Slahi had been an al-Qaida supporter in the 1990s, but not that he was not under the command of al-Qaida at the time of his capture in 2001. His family connection with an al-Qaida leader, the judge said, was "something like ...a non-al-Qaida member providing housing to his al-Qaida member son." He acknowledged that much of the government's evidence consisted of statements of Slahi or of other detainees obtained under allegedly coercive conditions, but it's not clear how much if any weight he gave that kind of evidence. | (See his entry in our chart on mistreatment.) |
Yasein Khasem Mohammad Esmail | ISN 00522 | [47] | Afghanistan | Captured in Afghanistan in late 2001. | The government alleged that Esmail was a trained al-Qaida fighter who was present at the site of a battle against U.S. forces in Afghanistan. | Judge denied the detainee's habeas petition on April 8, 2010. Esmail asked the judge to reconsider, but he declined. Esmail remains held at Guantanamo. | The government and the detainee agreed on many key details about the detainee's whereabouts preceding his capture, but disagreed about his motives. The judge found the detainee's story of innocence -- and his allegations of being abusively interrogated -- to be largely incredible. | (See his entry in our chart on mistreatment.) |
Omar Mohammed Khalifh | ISN 00695 | [48] | Libya | Captured by Pakistani forces in Jalalabad, Pakistan, in March 2002. | The government accused Khalifh of providing training in explosives at al-Qaida military camps in Afghanistan, battling U.S. forces after September 2001 in Afghanistan and in other ways being a long-time member of enemy terrorist groups. | Judge denied habeas petition on April 20, 2010. Khalifh is appealing the decision, and he remains held at Guantanamo. | The judge concluded that the government had produced sufficient evidence of Khalifh's membership in al-Qaida and an affiliated group and of his role in military training to uphold his detention. He rejected the evidence of Khalifh's participation in battles against U.S. forces, saying it came from possibly coercive interrogations and was uncorroborated. | (See his entry in our chart on mistreatment.)
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Ravil Mingazov | ISN 00702 | [49] | Russia | Captured in Pakistan in March 2002. | The government accused Mingazov of joining a terrorist group associated with al-Qaida or the Taliban and receiving military training from al-Qaida. | Judge granted the detainee's habeas petition on May 13, 2010. Mingazov remains held at Guantanamo, while the government appeals the decision. | The judge rejected the government's case, which rested largely on the detainee's interrogation statements, because the detainee had probably incriminated himself only due to threats he'd otherwise be returned to dangerous circumstances in Russia. The statements were also uncorroborated and full of errors, according to the judge. | (See his entry in our chart on mistreatment.) |
Mohamed Mohamed Hassan Odaini | ISN 00681 | [50] | Yemen | Seized by Pakistani authorities on March 28, 2002. | The government asserted that Odaini was a part of al-Qaida because he was arrested at a guesthouse allegedly connected to the terrorist network. | Judge granted habeas petition on May 26, 2010. Odaini was sent back to Yemen July 13. | The judge said the evidence "overwhelmingly" supported Odaini's claim that he was a student not affiliated with al-Qaida, who visited the suspect guesthouse for the first time the night he was arrested. U.S. officials themselves had said, numerous times since 2002, that Odaini didn't belong at Guantanamo, the judge noted. | |
Hussain Salem Mohammed Almerfedi | ISN 01015 | [51] | Yemen | Arrested by Iranian police approximately January 2002. | The government accused Almerfedi of being an al-Qaida facilitator who helped people cross from Iran to fight U.S. forces in Afghanistan. | Judge granted habeas petition on July 8, 2010. Almerfedi remains held at Guantanamo. | The judge rejected the government's evidence -- nearly all of it summaries of statements another detainee gave during interrogations -- as "inherently unreliable" or too general. | |
Abd al Rathman Abdu Abu Ghayth Sulayman | ISN 00223 | [52] | Yemen | Captured in Pakistan in December 2001. | The government accused Sulayman of traveling from Yemen to Afghanistan and Pakistan as part of the Taliban. | Judge denied habeas petition on July 20, 2010. Sulayman remains held at Guantanamo. | Judge Walton decided, based on Sulayman's interrogation statements, which Sulayman said were "truthful," that the detainee was part of the Taliban. | (See his entry in our chart on mistreatment.) |
Adnan Farhan Abdul Latif | ISN 00156 | [53] | Yemen | Arrested in Pakistan | The court's opinion, explaining both sides' positions and discussing the evidence, isn't yet public. But the government alleged in military proceedings that Latif was an al-Qaida fighter who traveled to Afghanistan to battle U.S. forces. | Judge granted habeas petition on July 21, 2010. Latif remains held at Guantanamo. | The court's opinion discussing the evidence isn't yet public. But in a brief order announcing the result, Judge Kennedy told the government to "take all necessary and appropriate diplomatic steps to facilitate Latif’s release forthwith" and report back on Aug. 20. |